Chhote Lal @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16084 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Chhote Lal @ Chhotu Kumar S/o Suresh Singh Resident of Village- Ram Nagar Diyara, P.S.- Athamalgola, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Maya Shankar Mishra For the State :
Mr.Md. Aslam Ansari For the Informant :
Mr.Gyanendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
16-07-2020 Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the informant through video conferencing.
The petitioner apprehends his arrest in Athmalgola P.S. Case No. 173 of 2019 (G.R. No. 1420 of 2019) registered for the offence under Sections 366(A), 504, 506, 34 of the IPC. The prosecution case, in brief, is that the informant got information that co-accused Vicky Kumar took away his minor daughter on his motorcycle and when mother of the informant went to the house of co-accused Vicky Kumar to search her grand daughter, she was abused by father, mother and brother of co-accused Vicky Kumar. Petitioner is brother of coaccused Vicky Kumar. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. It is further submitted that the victim, in her statement recorded under Section 164
Patna High Court CR. MISC. No.16084 of 2020(2) dt.16-07-2020 2/2 Cr.P.C., has not named this petitioner (Annexure -2). It is further submitted that co-accused Kiran Devi and Suresh Singh, who are mother and father of petitioner, have already been granted anticipatory bail by this Court, vide order dated 18-02-2020 passed in Cr.Misc. No. 560 of 2020 (Annexure - 3). Petitioner has been made accused since he is brother of co-accused Vicky Kumar. Petitioner has no criminal antecedent. Learned counsel for the informant has vehemently opposed the bail application and submits that this is a case of immoral trafficking of a girl.
However, considering the aforesaid facts and circumstances, the anticipatory bail application is allowed. In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Athmalgola P.S. Case No. 173 of 2019, corresponding to G.R. No. 1420 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T